Staged Accidents, Thefts & Fires
Over the years, we have been involved in hundreds of claims involving staged accidents, thefts and fires.
We have close working relationships with accident reconstruction experts, forensic experts, mechanical engineers, locksmiths, electronic experts, arson chemists and police.
We pride ourselves on having a thorough knowledge of the prevailing strategies and players commonly involved in fraud claims, which enables us to provide accurate advice and implement tactics to limit our clients’ exposure to such claims.
Our approach is to work with all interested parties as a team. Courts are reluctant to find a claim fraudulent.
Accordingly, these claims usually require multiple layers of evidence from different parties. We believe the best approach is to work collaboratively in the defence of these matters.
Motor Vehicle Recovery & Defence
Commercial & Residential Property
Counter Fraud & Indemnity
Heavy Vehicle, Plant & Equipment
Marine Claims
Liability Defence
Training & Claims Strategy
Notable matters in which we have acted include:
- Ebraham v AAI Limited t/as GIO Insurance [2018] VCC 18
Non-Disclosure
We have been instructed in many non-disclosure claims over the years.
Whenever we are instructed in such a matter, we consider the nature of the disclosures (or non-disclosures) made by the insured at inception and/or renewal and review these in the context of both the Insurance Contracts Act as well as the relevant underwriting guidelines.
Indeed, our standard approach is always to consider potential underwriting grounds to decline (both non-disclosure and misrepresentation) when instructed in a claim, even when not an immediately obvious issue at first glance.
Often, underwriting grounds can provide an alternate basis on which a claim may be declined.
We have a team of senior professionals in our Counter Fraud & Indemnity team.
Our team regularly provides advice on all aspects of indemnity and investigations work.
Policy Interpretation
We regularly advise our clients in relation to issues surrounding policy terms and their application to given claims. In certain scenarios, we are also consulted as to proposed changes to policy terms.
From a litigation perspective, we have been involved in numerous matters relating to policy interpretation.
These include disputes relating to intentional damage caused to insured property (for instance, in the context of a suicide), whether an insured acted recklessly or without reasonable care, and whether policies respond in circumstances where an insured has been affected by alcohol and/or illicit drugs.
More recently, we have provided advice on recent changes to the unfair contractual terms legislation, and the implications for insurers and the terms of their policies.
Ultimately, our vast experience in this area allows us to provide accurate and timely advice, which in turn enables our clients to make informed decisions about the potential declinature of claims.
Our Counter Fraud & Indemnity Team Leaders
Paul Singam
Andrew Sawkins
Paul Pratt
James Mulcahy
